Accident at Work Claims
Every year, thousands of people are hurt in workplace accidents. These injuries can be life-changing, affecting your personal life and ability to work, and causing you real financial difficulties. Making a claim for an accident at work is often the only way to get the financial support you need to replace any lost income and to get the right treatment and care to aid your recovery.
Whilst the process of making a claim may seem intimidating and stressful at an already difficult time, our accident at work solicitors provide the clear legal guidance and sympathetic personal support needed to make getting fair compensation for a workplace injury much easier.
So, if you’ve suffered an injury at work through no fault of your own, speak to one of our specialist personal injury solicitors for advice on making a compensation claim.
Our expertise with accident at work claims
Our specialist personal injury lawyers have proven experience in accident at work claims. We have experience in securing substantial compensation, including for highly complex claims that were strongly defended by employers and their insurers.
Our workplace accidents expertise includes:
- Industrial disease injuries
- Factory injuries
- Forklift accidents
- Accidents involving machinery/work equipment
- Crushing injuries
- Assaults at work
- Work-related traffic accidents
- Back injuries at work
- Manual handling injuries
- Construction accidents
- Falls at work
- Lifting injuries
- Warehouse accident claims
- Fatal workplace accidents
- Head injuries at work
- Workplace slips and trips
Our personal injury solicitors are Business Members of the Spinal Injuries Association (SIA) and are listed in their guide to choosing a specialist Personal Injury Solicitor. Our team is also included in the Headway Head Injury Solicitors Directory and some are members of the Association of Personal Injury Lawyers.
We are recognised as leading personal injury lawyers by the top client guides to the legal profession; Chambers and Partners UK and the Legal 500. We have achieved band 3 ranking by Chambers and Partners and tier 3 ranking for the South West by Legal 500.
Our workplace injury claims service
Starting an accident at work claim
If you want to start a workplace injury claim, you can book a no-win, no-fee initial consultation with our friendly, expert team. This will give you the opportunity to discuss the circumstances surrounding your injury. We can then talk you through how the workplace accident claims process works and what to expect next, including your options for funding your claim.
Investigating your claim
To start building your workplace accident claim, we will need to investigate how your injury occurred and the impact on your health to establish that you have grounds for a successful claim. We will need to show that:
- Your employer had a duty of care to protect your health and well-being at the time your injury occurred
- Your employer failed in that duty of care
- This failure directly led to or contributed to your injuries
We will rely on various types of evidence to establish these key points. These can potentially include witness statements, CCTV footage, health and safety records from your employer, and testimonies from independent experts.
Case study | Workplace injury leads to £700,000 settlement
How much can I claim for a workplace injury?
Our personal injury lawyers realise that knowing how much compensation you may be entitled to is likely to be one of your top concerns. We will work to give you a realistic estimate of your claim’s potential value at the earliest opportunity, so you have an indication of what you may be able to claim.
The damages available for workplace injuries fall into two basic categories:
- General damages: these cover any non-financial losses resulting from your injuries e.g. pain and suffering, lifestyle changes etc.
- Special damages: these cover any specific financial losses you have suffered or are likely to suffer in future due to your injuries. For example, lost income, treatment costs etc.
Out-of-court settlements for workplace injury claims
Accident at work claims are almost always resolved with an out-of-court settlement agreed voluntarily with your employer and/or their insurer.
This can allow you to get fair compensation for your injuries much faster and with significantly lower legal fees compared to pursuing court proceedings. It also helps to keep the process more amicable and means you do not have to deal with the stress and uncertainty of court proceedings.
Court proceedings for workplace accident compensation
Where a settlement cannot reached by agreement, we may need to initiate court proceedings to make sure you get the compensation you deserve.
Our litigation team are highly experienced in pursuing claims for accidents at work through the courts. We’ll ensure your claim is prepared and presented to give you the best chance of a positive outcome.
We appreciate that you may find the thought of going to court worrying. However, if this is required, we will give you all of the support you need to make sure you are fully prepared for your hearing and that the process is as easy on you as possible
Access to rehabilitation support
Thanks to our strong experience in supporting people with injuries of all types, we know how to help you get the treatment and care you need for your rehabilitation quickly and effectively.
We can recommend appropriate specialists in injury rehabilitation and recovery. Our team can also recommend counselling services and other personal support, helping you to make the best possible recovery.
Managing compensation for an accident at work
Winning compensation for your injuries is not the end of your journey or of the support we can offer you. It is essential to make sure you manage your compensation effectively, especially when dealing with substantial sums of money.
Proper management of your compensation can help to ensure you get the most out of the funds you receive. It also ensures that your long-term needs can continue to be met.
Our personal injury lawyers cannot advise you about the investment of your compensation. It’s therefore important to obtain proper independent financial advice for this. We can, however, put you in touch with an independent financial advisor who can advise you on the various options, including placing your compensation into a personal injury trust, which allows you to use your compensation to meet your needs while making sure it does not affect your entitlement to means-tested benefits.
Funding for accident at work claims
There are various options for funding a workplace injury claim and we will be happy to discuss these with you during your initial consultation.
It is worth noting that, if successful, the workplace injury compensation will be paid by your employer’s insurer. They will also normally pay a contribution towards your legal fees, meaning you will not be liable for all the legal costs incurred.
No win, no fee accident at work claims
Most of the workplace accidents claims we deal with are funded using a conditional fee agreement (CFA). This is more commonly referred to as a ‘no win, no fee’ deal.
This approach means you will only need to cover a portion of our legal fees if we win compensation for you. If no compensation is secured, you will not owe us for the time we spend on the case.
There is no upfront cost to you for starting a no-win, no-fee claim. Therefore, this funding option is suitable for everyone, no matter your financial circumstances.
Trade union funding for workplace accident claims
If you are a member of a trade union, they may cover the cost of your legal fees. This is something you should discuss with your union as soon as possible.
Legal expenses insurance
Many people have legal expenses insurance as an optional extra with their home insurance or car insurance. This can cover some or all of your legal costs for making a workplace injury claim. It’s therefore worth checking whether you have this type of cover before starting your claim.
Find out more about funding your claim.
Accident at work claims FAQs
Workers are entitled to claim compensation for a wide range of workplace accidents, provided they can establish that the incident was a result of negligence and/or a breach of duty on the part of their employer or an associated party.
Common types of accidents eligible for claims include:
- Slips, trips, and falls: accidents caused by wet floors, uneven surfaces, or inadequate signage
- Manual handling injuries: injuries resulting from improper lifting or handling of heavy objects
- Machinery accidents: injuries caused by faulty machinery or a lack of proper training on machine operation
- Falls from heights: accidents involving ladders, scaffolding, or elevated work areas
- Burns and scalds: injuries from hot liquids, chemicals, or faulty equipment
- Repetitive strain injuries (RSI): injuries caused by prolonged, repetitive tasks without proper ergonomic support
- Construction site accidents: including injuries due to falling objects, collapsing scaffolds, or inadequate safety measures
- Occupational diseases: health conditions resulting from workplace exposure, such as asbestos-related illnesses or noise-induced hearing loss
To successfully claim for such accidents, it is advisable to report the incident promptly, seek medical attention, and gather evidence to support your case. Consulting with a legal professional specialising in workplace accidents can provide invaluable guidance through the claims process.
Whilst all jobs carry a degree of risk, health and safety regulations are designed to keep you safe from injury whilst in the workplace. Your employer is responsible for enforcing these regulations and you have the right to expect protection against the risks you face.
Illness and injuries at work can be caused by a range of problems, from lack of training and faulty equipment to hazardous chemicals and lifting and machinery accidents.
You will normally have three years to make a claim for most types of personal injuries, including those sustained at work. However, there can be circumstances where you will have longer to claim, so it is always worth consulting a member of our team about your right to claim.
Situations where the time limit for a claim may be extended include:
If you only become aware of your injury later: then the three-year time limit will usually apply from the date you found out about the injury (known as the ‘date of knowledge’)
If you need to claim for someone under 18: you will usually have until they turn 18 to do so. The claimant can then make their own claim up until their 21st birthday.
If you need to claim for someone without mental capacity: there is normally no time limit for you to claim on their behalf. However, if they later regain capacity (e.g. they wake up from a coma) the three-year time limit will be counted from the date when the claimant regains capacity.
Reporting accidents at work is important for several reasons.
It ensures the well-being and safety of employees. Prompt reporting allows for immediate medical attention and treatment, potentially preventing minor injuries from escalating into more serious conditions.
Reporting accidents also helps to identify workplace hazards and risks, enabling employers to take necessary measures to prevent future incidents. This supports the broader goal of creating safer working environments for all employees.
Reporting accidents is a legal requirement under UK law. Employers are obligated to maintain records of workplace accidents, and failure to do so can result in legal consequences. It also protects workers’ rights and ensures that they have access to compensation if the accident was caused by employer negligence.
The duration of an accident at work claim is influenced by various factors, making it challenging to provide a specific timeline. These factors include the complexity of the case, the extent of injuries, cooperation between parties, the availability of evidence, and whether a settlement is reached or it goes to court.
In straightforward cases with minimal complications, where both parties are cooperative and agree on a settlement, the process can be relatively swift; less than 1 year. However, more intricate cases, such as those involving severe injuries, multiple parties, or disputes over liability, may take considerably longer, and can take from 12 months to a number of years.
The workload of the legal system and the efficiency of legal representation also play a role in determining the timeframe. Consulting with a specialist in claims for accidents at work is essential to obtain a more accurate estimate based on the specific circumstances of your accident at work claim.
After an accident at work, you can potentially claim for various aspects related to the physical, emotional, and financial consequences of the incident. Common claims include accident at work compensation for:
- Personal injury: this covers physical harm suffered as a result of the accident, ranging from minor injuries to more severe conditions
- Pain and suffering: compensation for emotional distress, pain, and suffering due to the accident
- Lost wages: if the accident leads to time off work or a reduced capacity to work, you may claim for lost income, including future earnings if applicable
- Medical expenses: reimbursement for medical bills, prescription costs, and ongoing treatment related to the accident
- Travel expenses: claims for travel costs associated with medical appointments or therapy sessions
- Rehabilitation costs: if necessary, funds for physical therapy and aids to support recovery
Of course, it’s only natural to worry that your long-term employment prospects will be affected if you make a work injury compensation claim, but this really shouldn’t be the case.
If your employer were to terminate your employment or otherwise treat you unfairly as the result of you deciding to bring a claim, you would likely have grounds for an employment claim.
By law, there should be insurance against staff accidents, meaning that an insurance company will pay your accident compensation and most of our fees if you’re successful in your claim. We therefore tend to deal with those insurers rather than the employer direct thereby minimising the effect on your day-to-day work.
If you have already started an accident at work claim and are unhappy with your current legal representation, it may be possible to transfer your case to our team. We can explain how this works and guide you through the process of moving your claim to us. We will make sure you have the very best support for a successful claim going forward.
Yes, you can still claim compensation for an injury at work if you’re self-employed. Self-employed workers have the same health and safety protection as employees.
Our workplace injury claims success stories
Seven-figure out-of-court settlement for workplace head and brain injury
We represented a client who suffered a severe head and brain injury after falling through the floor at work and landing on concrete.
Our client’s injuries resulted in the loss of her sense of smell, damage to her hearing and sense of taste. She also had issues with her short-term memory and concentration. She developed epilepsy resulting in seizures, one of which led to the premature delivery of her baby. The client also suffered from anxiety, panic attacks and lack of confidence, as well as the physical impact of her injuries.
We were able to secure a pre-trial settlement of a seven-figure sum, including compensation for her pain and suffering. It also covered her financial losses, both those she had already incurred and to cover expected future costs. Read more about this case.
Start an accident at work compensation claim today
Wondering if you can claim compensation for an accident at work? Call our specialist personal injury solicitors in Bristol and South Gloucestershire on 0117 325 2929 or complete our online enquiry form.